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El Salvador: Acquittal of Evelyn Hernández is a victory for human rights

19 August 2019, 14:16 UTC

In response to a ruling by a court today in El Salvador under which Evelyn Hernández was acquitted of charges for aggravated homicide, Erika Guevara-Rosas, Americas director at Amnesty International, said:

“This is a resounding victory for the rights of women in El Salvador. It reaffirms that no woman should be wrongly accused of homicide for the simple fact of suffering an obstetric emergency. Now that Evelyn has been acquitted, Amnesty International calls on El Salvador to end the shameful and discriminatory practice of criminalizing women once and for all by immediately revoking the nation’s draconian anti-abortion laws.”

Background information

On 6 April 2016, Evelyn Hernández, 21, suffered an obstetric emergency in her home in El Salvador which resulted in the loss of her pregnancy. Once at hospital, attending staff reported her to the police. She was arrested, tried, and sentenced to 30 years in jail for aggravated homicide. In 2018, a higher court overturned this ruling and ordered a re-trial.

This is a resounding victory for the rights of women in El Salvador. It reaffirms that no woman should be wrongly accused of homicide for the simple fact of suffering an obstetric emergency.

Erika Guevara-Rosas, Americas director at Amnesty International

On 19 August 2019, Evelyn was declared innocent.

Abortion is illegal under all circumstances in El Salvador, and women who suffer obstetric emergencies are often wrongly convicted under these laws. According to Amnesty International’s partner organizations in the country, at least 19 women remain in jail or continue to face charges in these circumstances.

In 2015, Amnesty International published a report that highlighted the impact of such arbitrary punishments on women in El Salvador and how those impacted come predominantly from marginalized backgrounds.

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